Integral-cultural definition of a criminal punishment An integral-cultural definition: source and application

2016 ◽  
Vol 1 (1) ◽  
pp. 96-140
Author(s):  
Jarosław Utrat-Milecki
Keyword(s):  
Social Action ◽  
Point Of View ◽  
Theoretical Point ◽  
Criminal Punishment ◽  
Legal Philosopher ◽  
Moral Point ◽  
Moral Point Of View ◽  
Definition Of ◽  
Constituent Elements

Many scholars feel, like the legal philosopher Joelberg, that "punishment from a theoretical point of view is something mysterious, and from a moral point of view - disturbing" . The mystery and disturbing ambiguity of the punishment makes the formulation of its definition, and the definition of a criminal punishment in particular, which would be satisfactory, an extremely difficult task. A way out of an embarrassing situation of defining a criminal punishment is to indicate the most important circumstances and conditions that must be met in order for some social action to be called a punishment. This involves an exhaustive and comprehensive indication of the components ("constituent elements of punishment"), and at the same time a sharp cut-off of all other types of activities The question about constituent elements that give particular teams behaviour, carried out by authorized persons, the character of a criminal punishment does not concern the description of patterns of such a behaviour and their fulfilment, such as the action related to the enforcement of the obligation to pay a certain amount, physical deprivation of liberty or fulfilment of the obligation to work. It is important, however, to define the conditions in which the legal formulas of such behavior and the specific actions taken on their basis and the situations resulting from them can be described as a criminal punishment.

Poetry?

2021 ◽  
pp. 364-380
Author(s):  
Floris Bernard ◽  
Kristoffel Demoen
Keyword(s):  
Social Contexts ◽  
Point Of View ◽  
Wide Sense ◽  
Spiritual Dimension ◽  
The Social ◽  
Moral Point ◽  
Moral Point Of View ◽  
The Difference

This chapter gives an overview of how Byzantines conceptualized “poetry.” It argues that from the Byzantine point of view, poetry only differs from prose in a very formal way, namely that it is written in verse. Both prose and poetry belonged to the category of logoi, the only label that was very frequently used, in contrast to the term “poetry,” which was reserved for the ancient poetry studied at schools. Many authors considered (and exploited) the difference between their own prose texts and poems as a primarily formal one. Nevertheless, poetry did have some functions that set it apart from prose, even if these features are for us less expected. The quality of “bound speech” gained a spiritual dimension, since verse was seen as a restrained form of discourse, also from a moral point of view. Finally, the chapter gives a brief overview of the social contexts for which (learned) poetry was the medium of choice: as an inscription, as paratext in a wide sense, as a piece of personal introspection, as invective, as summaries (often of a didactic nature), and as highly public ceremonial pieces.

A Dialogue on Compassion and Supererogation in Medicine

1995 ◽  
Vol 4 (4) ◽  
pp. 415-425 ◽  
Author(s):  
David C. Thomasma ◽  
Thomasine Kushner
Keyword(s):  
Point Of View ◽  
Moral Point ◽  
Moral Point Of View

According to Frankena, “the moral point of view is what Alison Wilde and Heather Badcock did not have.” Most of us, however, are not such extreme examples. We are capable of the moral point of view, but we fail to take the necessary time or make the required efforts. We resist pulling ourselves from other distractions to focus on the plight of others and what we might do to ameliorate their suffering. Perhaps compassion is rooted in understanding what it is that connects us with others rather than what separates us, and rests on developing sufficient awareness, to internalize what our actions, or lack of them, mean in the lives of others.

Justice, Exploitation and the End of Morality

1987 ◽  
Vol 22 ◽  
pp. 117-134
Author(s):  
Alan Ryan
Keyword(s):  
Moral Judgment ◽  
Scientific Understanding ◽  
Point Of View ◽  
Small Contribution ◽  
Moral Point ◽  
Moral Point Of View ◽  
Moral Assessment

This paper is a small contribution to two large subjects. The first large subject is that of exploitation—what it is for somebody to be exploited, in what ways people can be and are exploited, whether exploitation necessarily involves coercion, what Marx's understanding of exploitation was and whether it was adequate: all these are issues on which I merely touch, at best. My particular concern here is to answer the two questions, whether Marx thought capitalist exploitationunjustand how the answer to that question illuminates Marx's conception of morality in general. The second large subject is that of the nature of morality—whether there are specificallymoralvalues and specifically moral forms of evaluation and criticism, how these relate to our explanatory interests in the same phenomena, what it would be like to abandon the ‘moral point of view’, whether the growth of a scientific understanding of society and ourselves inevitably undermines our confidence in the existence of moral ‘truths’. These again are issues on which I only touch if I mention them at all, but the questions I try to answer are, what does Marx propose to put in the place of moral judgment, and what kind of assessment of the horrors of capitalism does he provide if not a moral assessment?

THE NOTION OF THE SYSTEM OF CIVIL PROCEDURAL LAW

2021 ◽  
Vol 11 (4) ◽  
pp. 13-26
Author(s):  
V.M. SHERSTYUK
Keyword(s):  
Internal Structure ◽  
Legal Regulation ◽  
Point Of View ◽  
Entire System ◽  
Procedural Law ◽  
The Subject ◽  
Definition Of ◽  
Constituent Elements

The study puts forward the thesis that the basis for the allocation of structural subdivisions of civil procedural law is mainly the subject of legal regulation. The complex internal structure of the system of this branch of law is due primarily to the diversity of civil procedural relations that constitute the subject of regulation of this branch of law. The work reveals the essential features of the concept of “system of civil procedural law”, defines the grounds for its structural subdivisions and their composition, gives the definition of this category. In particular, the author has formulated the idea that the system of civil procedural law is an internally coordinated set of civil procedural rules, institutions and other relatively independent structural subdivisions of this branch of law, naturally interconnected into a single whole due to the unity of civil procedural relations. Also in this study the point of view is expressed that each level of the system, as well as the entire system of civil procedural law as a whole, is characterized not only by typical features of its constituent elements, but also by their typical, regular relationships that constitute its structure.

Chronometric Height: a relativistic height definition by generalizing geopotential numbers

2021 ◽  
Author(s):  
Dennis Philipp
Keyword(s):  
Weak Field ◽  
Point Of View ◽  
Theoretical Point ◽  
Theoretical Formulation ◽  
Spacetime Geometry ◽  
Weak Field Limit ◽  
Measurement Results ◽  
Fundamental Insight ◽  
Definition Of ◽  
New Framework

<p>A height definition in terms of geopotential numbers offers a variety of advantages. Moreover, from the theoretical point of view, such a definition is considered more fundamental. </p><p>We know, however, that relativistic gravity (here General Relativity) requires to reformulate the basic geodetic notions and to develop a consistent theoretical framework, relativistic geodesy, to yield an undoubtedly correct interpretation of measurement results.</p><p>The new framework of chronometric geodesy that builds on the comparison of clocks offers fundamental insight into the spacetime geometry if a solid theoretical formulation of observables is underlying modern high-precision measurements. Here we approach a genuine relativistic definition of the concept of height. Based on the relativistic generalization of geopotential numbers, a definition of chronometric height is suggested, which reduces to the well-known notions in the weak-field limit.</p>

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